The Delhi Medicare Service Personnel and Medicare Service Institutions (Prevention of Violence and Damage to Property) Act, 2008

The Delhi Madicara SarvicEPErsunn a1 and Madicara Satvica Ins|i|u|iuns
(Pravamiun usiulanca and Dam aga m vaany) An, 2008
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940.17114(GJILA-2008/lelawt'124-133.—The
tullr-u-ing Act ofthe Legislative Assembly oftl-te National
Capital Territory of Delhi received the assent of the Lt.
[im'clTIOt' ofDelhi on the 28th October, 2008 and is hereby,
published for general information :—
41‘he Delhi McdieareServiec Personnel and Medicare
Service Institutions (Prevention of Violence and
Damage to Property) Act, 2008
(DelhiActfls orzoas)
{edit} October, 2003}
{As passed by the Legislative Assembly ofthe National
Capital l‘erritory ol' Delhion the l lth September, 2008).
An Act to prohibit violence against medicare service
personnel and damage to property in medicare service
instinttions in the National Capital Territory ofDelhi and
for matters connect therewitl‘tor incidental thereto.
BE it-enacted by the Legislative Assembly of the
National Capital Territory of Delhi in the Fifiy—ninth Year of
the Republic oflndia as follows :—
1. Short title, extent and commencement.”
'
it) This Act may be called the. Delhi Medicare Service
Personnel and Medicare Service Institutions (Prevention
ot'Violence and Damage to Property) Act- 2008.
[2) It extends to the whole ofthe National Capital
Territory ol'Delhi
[3) It shall come into force on such date as the
Lieutenant Governor ofthe National Capital Territory of
Delhi may, by notification in the official Gazette appoint.
2. Definitions—la this Act, unless the .context
otherwise requires,—
(a) “medicare service institution"mean institutions
providing medicare to people in anyrecognized
system ofmedieine, on out patient or inpatient
basis, which are under the control ofthe
Government of Delhi or the Central Government
or local bodies, medicare institutions run by
autonomous bodies, clinics, private nursing
homcsfand hospitals run by individules, trusts,
societies, companies, etc. and having facilities
for diamosis andfor treatment oflhe sick, where
persons are received and accommodated for the
purpose ofdiagnosis and treatment ot'sickness,
DELHI GAZETTE: exriuoaotmav ta
.
injury, or infirmity whether ofbodyor mind, ante?
natal andr‘or post natal care, or anything
connected therewith, and include a matemity
home or convalescent home;
-
(b) "Delhi" means the National Capital Territory of
Delhi:
(c) "Government" means the Lieutenant Governor
of the National Capital Territory of Delhi
appointed by the President under Article 239
and designated as such under Article 239M of
Constitution;
(cl) “medicare service personnel" in relation to a
medicare service institution shall include,—
(i) registered medical practioners;
(ii) registered nurses, nursing aids, midwives;
(iii) para medical workers. ambulance service
providers. and diagnostic services
providers;
(iv) any other personnel who are working in
the premises for the purpose of training,
studies, ctc.;
(c) "offender" means any person who either by
ltintscl for as a member or as a leader ot'a group
ot'pctsons or organization commits or attempts
to commit or abets or incites the conunission of
violence under this Act;
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(I) “violence" mean activities ofcausing any harm
or injury or endangering life, or intimidation.
obstruction or hindrance to any medicare service
personnel in discharge ofduty in the medicare
service institution or damage to property in such
institution;
3. Prohibition ol'violcucc.—Any act medicare of
violence against service personnel or damage to prOperty
in a medicare service institution is hereby prohibited.
4. Penality.—Any offendepwho commits any act in
contravention of Section 3, shall be punished with
imprisonment for a term which may extend to three years,
or with fine which may extend to ten thousand rupees, or
with both.
5. Offences to be cognizahe and non-bailable.—
Notwithstanding anythingcontained in the Code ofCriminal
Procedure, 1973 (2 of I974), anyolTence committed under
Section 3, shall be cognizable and non-bailable.
6. Authority to file contplainL—The Ileacl ol'the
medicare service institution where the offence has been
committed, or his authorized representative shall have the
power to make a complaint under this Act with the law
enforcing agency.
7. Court compctcnd to try and take cognizance of
oftences.—(l) No court other than the court of a

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basis or othernise and the tertns and conditions of the
untrJCl shall not be inconsistent with the provisions of
this Jtcl. the Statutes and the Ordinances.
[:1 \. cop} ot'tlte contret't referred to In ':t:i'r-:‘t.‘t.‘iit.ttt
It shit” to Indeed With the Unit ersity and a copy thereof
item It; furnished to the etnployee Concerned.
:9_ Provident and pension fltndSr—{l} The
Unmfljly dull constitute for the benefit ofits employees
such protitlcttt fund or pension fttnd or provide such
insurance schemes as it may deem fit in such manner and
subject to such conditions as may be prescribed.
.ttt. Disputes as to the constitution ofthe University
authorities and bodies—If any question arises as to
“hctltcr any person has been duly selected or appointed
J; or Ii entitled to be. a member ofany authority or other
bad} ot'tlte University. the matter shall be referred to tire
Chancellor nhose decision thereon shall be linal.
31. Filling of casual vacancies.—-—All casual
vacancies among. the members (Ulitct’ than es-oftieio
mentbcrs‘l ol'any authority or other body ofthe Uaiversity
shall be tilled. as soon as may be convenient by the person
erbott} nhn appoints. elects or co-opts the members whose
place has become vacant and any person appointed,
elected or co-opted to a Casual vacancy shall he a member
efstteh authority or body for the residue of the term/Tor
which the person \vhosc place he iills. would have been a
member _,"
'
33. Proceedings ol'the University authorities or
bodies not invalidated by vacancies—No act or
proceedings of any authority or other body shall be
invalidated merely by reason of the existence of any
\aeancy or vacancies among its members."
/.
33. Protection ofaction taken ip’good faitlt.—1\'o
suitor other legal proceedings shall lie’in any court against
the University or against any authorit '. officer or employ ee
efthe University or against any per on or body ol'persuns
acting, under the order or direction b 'any authority or ollicer
or other employee ofthe University for anything which is
in good faith done or intended to be done in pursuance of
the provisions ofthis Act or the Statutes or the Ordinances.
J-t. Modeof proofof University record—A copyot'
any receipt. application. notice. order. proceedings.
resolution ofany authority or committee ol'the University.
erotlter documents in the possession ol'the University. or
flnyetttty in any register duly maintained by the University.
ifcertit'ted by the Registrar shall. noovitbstanding anything.
contained in the lntlian Evidence Act. 1372“ oflSYEiorin
any other law for the time being in force. be admitted as
et idcnce ot'the matters and transactions specified therein.
\tlterc the original thereoftrould. it'prodnced. have been
Jdntitsible in t.'\ idence.
55. Pen-er to remove dit'liculties—ll‘any ditlicttlty
arises in giving. etTect to the Provisions of this Act. the
Gut crument may. by order. published in the Olliciat tjazette.
411:? 39/0er
_
DELHI OnZETfE: EXTRi‘tORDlNARY 17
make such provisions. not inconsistent with the provisions
ot this Act. as appear to it to be necessary or expedient for
removing the difficulty
t’rotiued that no such order shall be made under this
section .tfter the t:\piry of three years from the
commencement oftltis Act.
.36. 't‘ransitional pr0\'iSi0IIS.--i\'t)l\titiislflt‘tdtttg
anything contained in this Act and the Statutes. the first
Board oft'jrnvt-mors shall be nominated by the Chancellor
and shall hoid
office for a term ofliyc years.
31'. Statutes‘and Ordinances to be published in the
0fficiat Gazette and to be laid before the Legislatite
_
Assembly offiethi.—{ 1) Every Statute and Ordinance made
under this fYCI shall be published in the Official Gazette.
(13,-) Every Statute and Ordinance made under this
Act shdll be laid. as soon as may be after it is made. before
the 'House ol'the Legislative Assembly ofDelhi “bile it is
in’s'ession. for a total period ofthirtyr days which may be
comprised in one session or two or tnore successive
'sessions. and it‘. before the expiry ofthe session innnediately
following the session or the sttcccssiye sessions aforesaid.
the i ittlir.‘ agrees it! making any modification in the Statute
or the Ordinance of the House agrees that the Statute or
the Ordinance should not be made, the Statute or the
Ordinance. shall therealler have effect only it: such modified
form or be of no effect. as the case may he; so. Itowetcr.
that any such modification or :tnnutmcnl shall be without
prejudice to tile validity ofanything previously done under
that Statute or Ordinance.
at. an. MC 5 )rqa.a.—2oosrqa‘§ c-t‘t‘z'124133.
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etropotitan Magistrate shall be take
congnizancelof, and
try an offence under this Act.
(2) No court shall take eongnizance of an offence
«under this Act except on a report in writing of a. police
officer, not below the rank ofSub-inspector.
8. Recovery of loss for the demage caused to the
property.—(l) In addition to the punishment specified in
Section 4, the offender shall be liable to a penalty oftwice
the amount of purchase price of medical equipment
damaged and loss caused to the preperty as deten-ninated
by the Court trying the offender.
(2) If the offender has not paid the penal amount
under sub-section (1). the said sum shall be recovered as if
it Were arrears ofland revenue due from him.
9. Composition ofoft'ences.—(l)The Government
or any person authorized by the Government by general or
special order in this behalf; may either before or afler the
DELI-l] GAZE'ITE :EXTRAORDWARY
Institution of the proceedings, COmpom’igi‘l‘Ii-I-‘C
punshiable by or under this Act.
(3) Where an offence has been CbnifjPfllltidui'offender, ifin custody. shall be discharged 311de"
proceedings shall be taken against himIn FBSpectElli.
offence compounded
[0. Protection ofaction taken'In good faith___
.
suit prosecution or other legal proceedings Shall: I
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against the Government or any person or officer aurhI-I'II-i
_
by the Government or the Head of a medicare 5°“?
_
institution or his authorized representative for anflhi'
whichIs in good faith done or intended to be dune-“Ina
this Act. 1‘" '‘5"
11. Act not in derogation any other law.
provision of this Act shall beIn addition to
and?
being'In force.
Printed by the Manager.0m1.of lndia Press. Ring Road, Mayaputi. New Delhi- “0064
and Published by the Controller of Publications. Delhi- “0054.

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